Tentative Rulings

Case Number: ****8943    Hearing Date: September 22, 2020    Dept: 26

IN ORDER TO IMPLEMENT PHYSICAL DISTANCING AND UNTIL FURTHER NOTICE, THE COURT STRONGLY ENCOURAGES ALL COUNSEL AND ALL PARTIES TO APPEAR REMOTELY FOR NON-TRIAL AND NON-EVIDENTIARY MATTERS, INCLUDING THIS MOTION.

Superior Court of California

County of Los Angeles

Department 26

Background

On November 8, 2019, Plaintiff City of Los Angeles, acting by and through the Los Angeles Department of Water and Power (“Plaintiff”) filed the instant motion to compel responses from Defendant Flower Apartments, LLC (“Defendant”) to (1) Special Interrogatories (“SROG”) and (2) Request for Production of Documents (“RPD”). Plaintiff requests monetary sanctions in the amount of $800[1] against Defendant and its counsel.

On August 16, 2019, Plaintiff served the discovery requests on Defendant. Plaintiff afforded Defendant additional time to provide responses. Despite this extended time, as of the filing of this motion, Plaintiff has not received responses from Defendant.

Pursuant to written stipulation the instant motion was continued from December 9, 2019 to February 11, 2020. (Minute Order 12/9/19.) On February 11, 2020, the instant motion was again continued from February 11, 2020 to September 22, 2020 at 8:30 am. (Minute Order 2/11/20.) On February 13, 2020, Plaintiff filed proof of service of notice of the (continued) September 22, 2020 hearing date. No opposition or reply has been filed.

Motions to Compel

Plaintiff’s motion to compel responses to the SROG and RPD is granted pursuant to CCP ;; 2030.290 and 2031.300. Defendant is ordered to serve verified responses to the outstanding discovery requests, without objections, within fifteen (15) days of notice of this order.

Sanctions

Plaintiff requests monetary sanctions in the amount of $800 against Defendant and its counsel.

The Court finds Defendant’s failure to respond a misuse of the discovery process.

Sanctions have been sufficiently noticed against Defendant and its counsel. The Court finds that the amount requested -- $800[2] for 4 total hours of work to prepare the motion and attend the hearing at $200 per hour – is reasonable. Accordingly, the Court awards $800 in monetary sanctions against Defendant and its counsel jointly and severally to be paid to Plaintiff by and through counsel within thirty (30) days of notice of this order.

CONCLUSION AND ORDER

Plaintiff’s motion to compel responses to the SROG and RPD is granted pursuant to CCP ;; 2030.290 and 2031.300. Defendant is ordered to serve verified responses to Plaintiff’s SROG and RPD, without objections, within fifteen (15) days of notice of this order.

Plaintiff’s request for sanctions is granted. Defendant Flower Apartments, LLC and Defendant’s Counsel Jacob N. Segura are jointly and severally ordered to pay monetary sanctions in the amount of $800 to Plaintiff, by and through counsel, within thirty (30) days of notice of this order.

The parties should be prepared at the hearing on this motion to discuss the re-setting of the trial and final status conference.

The moving party is ordered to provide notice of this order and file proof of service of such.

DATED: September 22, 2020 ___________________________

Elaine Lu

Judge of the Superior Court

Case Number: ****8943    Hearing Date: February 11, 2020    Dept: 26

The court has read and considered all papers filed in connection with Plaintiff City of Los Angeles’s Motion To Compel Responses To Discovery Requests. No dispositive tentative ruling is issued at this time.

The Court has concerns regarding Counsel for Defendant Jacob N. Segura’s medical condition and requests that the parties please provide an update at the February 11, 2020 hearing as to whether Mr. Segura has resumed work following the joint stipulation filed on December 18, 2019 and whether Plaintiff’s Counsel has received any communication since mid-December 2019.

Case Number: ****8943    Hearing Date: December 09, 2019    Dept: 26

Superior Court of California

County of Los Angeles

Department 26

Background

On November 8, 2019, Plaintiff City of Los Angeles, acting by and through the Los Angeles Department of Water and Power (“Plaintiff”) filed the instant motion to compel responses from Defendant Flower Apartments, LLC (“Defendant”) to (1) Special Interrogatories (“SROG”) and (2) Request for Production of Documents (“RPD”). Plaintiff requests monetary sanctions in the amount of $800[1] against Defendant and its counsel.

On August 16, 2019, Plaintiff served the discovery requests on Defendant. Plaintiff afforded Defendant additional time to provide responses. Despite this extended time, as of the filing of this motion, Plaintiff has not received responses from Defendant.

No opposition or reply has been filed. Plaintiff’s opposition was due on November 22, 2019, and Defendant’s reply was due on December 2, 2019.

Motions to Compel

Plaintiff’s motion to compel responses to the SROG and RPD is granted pursuant to CCP ;; 2030.290 and 2031.300. Defendant is ordered to serve verified responses to the outstanding discovery requests, without objections, within fifteen (15) days of notice of this order.

Sanctions

Plaintiff requests monetary sanctions in the amount of $800 against Defendant and its counsel.

The Court finds Defendant’s failure to respond a misuse of the discovery process.

Sanctions have been sufficiently noticed against Defendant and its counsel. The Court finds that the amount requested -- $800[2] for 4 total hours of work to prepare the motion and attend the hearing at $200 per hour – is reasonable. Accordingly, the Court awards $800 in monetary sanctions against Defendant and its counsel jointly and severally to be paid to Plaintiff by and through counsel within thirty (30) days of notice of this order.

CONCLUSION AND ORDER

Plaintiff’s motion to compel responses to the SROG and RPD is granted pursuant to CCP ;; 2030.290 and 2031.300. Defendant is ordered to serve verified responses to Plaintiff’s SROG and RPD, without objections, within fifteen (15) days of notice of this order.

Plaintiff’s request for sanctions is granted. Defendant Flower Apartments, LLC and Defendant’s Counsel Jacob N. Segura are jointly and severally ordered to pay monetary sanctions in the amount of $800 to Plaintiff, by and through counsel, within thirty (30) days of notice of this order.

The moving party is ordered to provide notice of this order and file proof of service of such.

DATED: December 9, 2019 ___________________________

Elaine Lu

Judge of the Superior Court